Granville Community Calendar

Council Minutes August 7, 1996

VILLAGE OF GRANVILLE
COUNClL MEETING MINUTES
AUGUST 7,1996
CALL TO ORDER
Mayor Marshall convened the meeting at 7:03 p.m.
ROLL CALL
Those responding to the roll call were:
Councilmember Eisenberg
Councilmember McGowan
Councilmember Montgomery
Mayor Marshall
Law Director Hurst
Manager Plunkett
It was noted that Councilmember Bellman and Vice Mayor Freytag would be late.
PUBLIC HEARINGS
A public hearing was held on Ordinance No. 209- 6,A "n Ordinance To Create The Fanchion R. And Raymond J. Lewis Ty Tawel Farm Memorial Park Fund."
Mary Fellabaum stated that she would like to see green space preserved in the park,
The public hearing closed at 7:05 p.m.
REVIEW AND APPROVAL OF MINUTES
The minutes of the regularly scheduled meeting ofJuly 17, 1996,were presented for review. Councilmember Eisenberg moved to approve the minutes as amended. Seconded by Councilmember Montgomery. Motion carried.
The minutes ofthe special Council meeting of July 31, 1996,were presented for review. Councilmember Eisenberg moved to approve the minutes as presented. Seconded by Councilmember McGowan. Motion carried.
CITIZENS COMMENTS
Those signing the register were:
See attached list.
Carl Wilkenfeld asked for clarification on the minutes ofthe July 17 meeting. He stated that he did not mean to criticize,but obviously the minutes had been editorialized and there were a number ofthings missing. He asked how a citizen would go about amending minutes and asked why the meetings weren't recorded?
Village Manager Doug Plunkett stated that over the years from time to time Council has discussed the possibility ofrecording meetings,but it was always felt that to do so would
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require additional secretarial staff.He stated that meetings have been recorded before for
special issues. He stated that it would be expensive to buy recording equipment of enough
sophistication to handle regular kept transcribing council meetings.
Mr. Wilkenfeld suggested that the meetings be recorded and the tape stored in the
library.
After a brief discussion,Mr. Wilkenfeld stated that he would be more than happy to
record the next meeting,to which Mayor Marshall stated there would be no reason to object if
any citizen wanted to record meetings.
Law Director Hurst stated that if anyone feels that the minutes do not accurately reflect
statements made,they have a right to bring that to Council's attention in order to get it corrected.
Clifton Crais of 234 North Pearl Street expressed that he would like to have tapes of Council meetings in the library.
Councilmember Bellman arrived.
Ed Vance stated that it was his understating the Planning Commission approved
SuperAmerica with contingencies filing appeals? at their last meeting. He asked when the clock started for
Law Director Hurst stated that approvals and rejections that go before any board are not final until they are filed with the Village Clerk. He stated that decisions are incomplete unless accompanied with a finding of fact from what ever date that decision is issued in writing and the finding of fact is filed with the clerk. After decisions are filed with the clerk, the appeal time period begins.
filed?Constance Barsky asked how citizens would find out when the finding of facts are
Law Director Hurst stated that those interested should call the Village Offices and talk with the village clerk.
Dorothy Garrett stated that she supported the resolution of appreciation to Doug Tailford. She stated that she worked with Doug during his tenure and found him very helpful and he went above and beyond what was required.
Ed Vance stated that he understood there was a vacancy on Council and asked how public input would be taken for the replacement?
Mayor Marshall stated that the opening would be advertised in the Sentinel. He stated that the procedure to fill the vacancy is spelled out in the Charter. Law Director Hurst stated that the Charter sets forth the rules for filling the vacancy. He stated that the replacement is selected by a majority vote ofCouncil and that four Councilmembers must agree on the replacement. In the past,on a number ofoccasions, residents have express their interest in serving and come before Council, Council has in the
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past balloted secretly process until someone receives a majority of the votes. He stated that
Council has 30 days to fill the vacancy.
Mary Fellabaum asked ifthe public could give a candidate's name to any member of
Council or should that name be given to Manager Plunkett?
Manager Plunkett stated that several times council has asked for written statements of
interest and qualifications. The candidates usually come to a council session and speak to
council as to why they feel they should be appointed. He stated that anyone interested in
filling the vacancy could express that interest to the manager or to any member of Council.
COMMITTEE REPORTS
Councilmember Montgomery reported on the Planning Commission meeting of
August 5. At that meeting,the commission approved a sidewalk cafe application for Aladdin
restaurant,approved the relocation of a driveway at 331 Spellman Street,approved shingles 323 Granger at Street,and approved the plans for SuperAmerica with 8 conditions. The
commission held a work session with the Church of Latter Day Saints concerning a lot split.
The church is proposing storm water improvements for their property. The continuation of the
storm water improvements beyond their property could help solve a village problem. A
worksession was also held with McDonalds representatives and franchisee. McDonalds will be at the BZBA on August 22 for a conditional use permit and two variances.
Councilmember Montgomery reported on the Lighting Committee Meeting of August 5. At that meeting,the committee continued to look at exterior lighting guidelines approved by the Planning Commission on July 1. The committee is considering recommending a change to those guidelines. The committee is considering specific fixtures to be used in the Village;the G" ranvillef"ixture and the E"splanadef"ixture. The committee has come up with
a draft of five year light plan for Granville. The plan is to replace some ofthe incandescents in 1996 and more in 1997. The number replaced will depend on funds available. In 1998, ten of the downtown lights will be replaced from the ground up. In 1999 and 2000,the mercury lights will be replaced at the rate of 60 per year.
Councilmember McGowan added that the light fixtures selected are not the cheapest available nor the most expensive,but in the middle range.
Councilmember MeGowan stated that the Recreation Commission will have its fall activities schedule published shortly. He stated that commission members will be talking more with the Welsh Hills School concerning use ofthe soccer fields.
OLD BUSINESS
Ordinance No. 209- 6A,n"Ordinance To Create The Fanchion R. And Raymond J. Lewis Ty Tawel Farm Memorial Park Fundw,"as reintroduced,its title read,and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Bellman.
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Roll call vote: Eisenberg yes,McGowan yes,Bellman yes,Montgomery yes,Marshall
yes. Five yes votes. Ordinance No. 20-96 was adopted.
North Pearl Street Traffic Committee
Councilmember Bellman gave a presentation of the North Pearl Street Traffic Study
Committee's findings. The committee evaluated traffic on Pearl Street at Summit and
Spellman Streets and determined a total of 6,237 vehicles traveled the street in a 24 hour
period.41%ofthe vehicles exceeded 30 mph. On Pearl Street at Cedar and Spellman Streets
a total of 6,303 vehicles traveled the road in a 24 hour period. Ofthose vehicles,22%
exceeded 30 mph. In that same evaluation,585 heavy trucks passed SummiSt/pellman Street
and 655 heavy trucks passed CedarS/pellman Streets. The Committee found traffic speed,
volume,and heavy trucks to be the biggest problems.
The committee suggested imposing a strict speed enforcement policy. They suggested
establishing a date for the new policy to be in effect and to send letters to Granville High
School and Dension University informing them that a new policy would soon be in effect.
They also suggested installing warning signs such as s"peed limit strictly enforceda"n,d
perhaps having a local campaign by the residents. The committee recommended revisiting the
issue again in 6 months to see if their solution is working. Long term solutions to heavy truck traffic were to look for alternate truck routes and talk to local communities and State
Representatives about the problem.
The committee also suggested timing the lights on Broadway better to discourage
motorists from using College Street as an alternative to Broadway. They also suggested
allowing parking on the north side of College Street to slow down motorists.
After a discussion,Mayor Marshall directed Manager Plunkett to discuss the strict enforcement policy with Police Chief Steve Cartnal.
NEW BUSINESS
Mercer Study Commission
Co-chair Mary Lee VanMeter introduced Merger Commission members Robin Bartlett,Becky Evans,Barb Lucier,and Mike Robertson. She stated that the commission was formed in November by a majority vote ofthe township and village to elect ten members to study a merger and prepare conditions ofmerger for the village and the township,should a merger take place. The commission has met almost every Sunday since last December,trying to get input for the merger conditions. This Sunday,the commission hopes to develop the sfihnoaullddraft ofthe conditions ofmerger,and the following Sunday,to vote on whether the issue appear on the ballot. She stated that they were here tonight to ask Council to read the conditions ofmerger and inform the commission ifthey have any input. She stated that the commission's job is not to sell the merger,but to develop the best set of conditions to be voted on. She stated that the commission will meet this Sunday,August 11, 1996,at 6:00 p.m.,at Granville High School.
John & Carole Sue McClusky's Appeal
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Mayor Marshall stated that the McClusky appeal was not a public hearing and Council
would hear the parties on both sides of the issue. Because of the fact that things were so
antagonistic,Mr. McClusky and Mr. Andrew would be sworn in before beginning testimony.
He asked who would speak in this case?
John McClusky will represent the McClusky's and Neil Andrew will represent
himself.
Law Director Hurst stated that the appeal is under Chapter 1137 of the Granville
Codified Ordinances. He stated that all procedures have been completed and the finding of
fact has been submitted. Council may uphold,reverse,modify or remand for further
proceeding the decision. Council has 10 days after the hearing of this matter to announce the
decision. If it is determined by Council that the facts presented by the appellant are different
from the findings of fact determined by the Commission,the appeal may be returned to the
Commission for further consideration. Law Director Hurst informed Council the appeal ready was to be heard. He stated that ifthere are questions from Council as to what issues are before them he would address questions. He stated that this matter went through two formal
procedures at the Planning Commission and at least one before the BZBA. The issue before
Council is the approval of the amendment from the original application which is the s'*tepped"
configuration of the north wall between the carriage house and Cherry Street. He stated that
all other matters have been resolved or were outside of the appeal time. There was an approval of the wall at six feet. A subsequent amendment to the plan providing that the wall
start out at 42 inches and go up in steps ending up at 69 inches has been approved by the
Planning Commission. The location ofthe wall is not in question. Originally, a six foot wall
was approved but since that time,the applicant amended the plan to stair step the wall and that is what is being appealed.
Mayor Marshall swore-in Mr. McClusky and Mr. Andrew.
Mr.McClusky explained his side ofthe situation to Council. He presented reasons for his appeal to Council. His main complaint was that the carriage house and the six foot high fence would shut out light to his property and decrease his home's resale value. He stated that he had been out of state when the last Planning Commission meeting was held but had called Councilmember Montgomery to express his views on the matter.Mr.McClusky distributed photographs to help clarify his points.
Law Director Hurst asked Mr. McClusky if he wished the pictures shown become a part ofthe record to which Mr.McClusky answered yes. Neil Andrew of 236 West Elm Street addressed points ofwhy he wanted to install a fence. The main reason was for privacy and noise reduction. He indicated the need to see that safety was considered. He stated that he decided to stair step the fence so that road visibility could be maintained. Mr. Andrew submitted pictures for the record.
After a long discussion a compromise for Mr. Andrew and Mr. McClusky was proposed to which both agreed.
Councilmember Eisenberg moved to grant the appeal from the decision ofthe Planning Commission with modifications,said modifications to be that the fence in question will be at a height of42 inches for the first 8 feet,51 inches for the second 8 feet,60 inches for the third 8 feet and 60 inches for the remaining 9 feet proceeding from the end ofthe fence
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closest to the sidewalk to the carriage house and that the columns are to remain proportional
in height. Seconded by Councilmember MeGowan.
Roll call vote: Eisenberg yes,MeGowan yes,Bellman yes,Montgomery yes,Vice
Mayor Freytag yes,Mayor Marshall yes. Six yes votes. The motion was carried.
Resolution No. 964- 7,A "Resolution Of Appreciation To Douglas Tailford Jr.w,a"s
introduced,read in full and moved for adoption by Councilmember Bellman. ,
Councilmember Bellman stated that he had worked with Doug Tailford and felt that he
had been an important part to the community. He stated that Doug was a great person to work
with and was sad to see him gone. Seconded by Councilmember McGowan. Motion carried.
Resolution No. 96-47 was adopted.
Resolution No. 964- 8,A "Resolution To Dismiss The Appeal OfA Conditional Use
Permit For Country Hearth Inn Filed By Carl Wilkenfeldw,"as introduced,read in full,and
moved for adoption by Councilmember Montgomery. Seconded by Mayor Marshall.
Because Mr. Wilkenfeld had been out of town and received the Law Director's findings only today,Vice Mayor Freytag moved to table the Resolution. Seconded by
Councilmember Eisenberg. Motion Carried. Resolution No. 96-48 was tabled.
Resolution No. 964- 9A.R"esolution To Authorize The NonP- ermanent Installation
OfA Sidewalk Cafe On The Public Sidewalk At 120 East Broadway In Front Of The
Business Known As A"laddin RestaurantS"u, bject To Restrictionsw,a"s introduced,read in full,and moved for adoption by Councilmember McGowan. Seconded by Councilmember Eisenberg. Motion carried. Resolution No. 96-49 was adopted.
Resolution No. 96-50.A "Resolution To Award The Bid For Towing And Storage Of Impounded Motor Vehiclesw,"as introduced,read in full,and moved for adoption by Councilmember Eisenberg. Seconded by Vice Mayor Freytag.
Manager Plunkett stated that he had talked with Police Chief Steve Cartnal about the bids today. He stated that it is a matter of interpretation ofwho the low bidder is,if any. He stated that the inside storage rate of one bid is lower than the other tow bid, He stated that it was his mistake to recommend Yonker's Towing.
Mayor Marshall stated that the Village had had good experience withMP&. Vice Mayor Freytag moved to amend Resolution No. 965-0 to award the bid toMP&. Seconded by Councilmember Montgomery. Motion carried.
Councilmember Eisenberg moved to approve the resolution as amended. Seconded by Councilmember Montgomery. Motion carried. Resolution No. 96-50 was adopted.
Ordinance No. 249- 6.A "n Ordinance To Amend Section 113.01 of the Codified Ordinances OfThe Village ofGranville,Ohio,Establishing Posting Places," and its title read by Councilmember Montgomery. was introduced
7:00 Mayor Marshall set the public hearing on Ordinance No. 249-6 for August 21, 1996,at p.m.
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Councilmember Montgomery asked when Council would be finding a replacement for
Kevin Bennetts'vacant council seat?
It was noted that anyone interested in filling the vacant seat should submit a resume to
any Councilmember or to the Village Manager. Mayor Marshall stated that the position will
be advertised in the Sentinel.
It was decided that statements of interests would be accepted until August 22 and
Council would vote on the new member at its September 4 meeting.
MEETING ANNOUNCEMENTS
The next Planning Commission meeting will be August 19, 1996.
EXECUTIVE SESSION-PENDING LEGAL MATTERS
Councilmember Eisenberg moved to enter into executive session at 10:50 Seconded by Vice p.m. Mayor Freytag. Roll call vote: Eisenberg yes,McGowan yes,Bellman yes, Montgomery yes,Freytag yes,Marshall yes. Six yes votes. Motion carried.
Law Director Hurst informed Council of the status on the Moratorium petition. It was decided to have the clerk send the petitions to the Board of Elections with a notice that the
petitions are deficient because a copy ofthe petition was not filed with the clerk before circulation.
Councilmember Eisenberg moved to return to regular session at 11: 18 p.m. Seconded
by Councilmember McGowan. Roll call vote: Eisenberg yes,McGowan yes,Bellman yes, Montgomery yes,Freytag yes,Marshall yes. Motion carried.
ADJOURNMENT
Vice Mayor Freytag moved to adjoum the meeting at 11:20 p.m. Seconded by Councilmember Montgomery. Motion carried.

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